Dino says foreign court cuts violate reciprocity with Brazil's STF after Zambelli case
Translated from Portuguese, summarized and contextualized by DistantNews.
At a glance
- Brazilian Minister Flávio Dino stated that other countries' courts are violating reciprocity with Brazil's Supreme Court.
- This follows Italy's decision to deny the extradition of former congresswoman Carla Zambelli.
- Dino emphasized Brazil's deference to foreign jurisdictions, contrasting it with perceived non-reciprocity.
Brazilian Minister Flávio Dino of the Supreme Federal Court (STF) asserted Tuesday that courts in other countries are failing to uphold the principle of reciprocity with Brazil's top court. This statement comes days after Italian courts denied the extradition request for former congresswoman Carla Zambelli.
Dino highlighted the STF's tradition of showing significant deference to the jurisdictions of other nations. He contrasted this with what he described as a lack of similar consideration from foreign courts towards Brazil. "This Supreme Court, with great speed and promptness, examines requests for preventive detention, extradition, and we have never placed ourselves in the position of judges of other countries' judges," Dino stated, without directly naming Zambelli.
This Supreme Court, with great speed and promptness, examines requests for preventive detention, extradition, and we have never placed ourselves in the position of judges of other countries' judges, on the contrary, we have an understanding attitude towards the multiplicity of existing legal systems in the world, except in extreme cases where basic prerogatives are not met.
The Italian justice system's highest instance ruled on Friday that the case against Zambelli, who was sentenced to ten years in prison for invading the National Council of Justice's system, was not judged impartially by the STF. The court found the dual role of Minister Alexandre de Moraes, acting as both judge and victim, to be problematic.
During a trial where former federal deputy Eduardo Bolsonaro was convicted for his actions in the United States, Flávio Dino, presiding over the First Panel, remarked that the STF does not adopt an ethnocentric or arrogant stance toward international courts. He affirmed that this Brazilian tradition will continue, regardless of breaches to the fundamental principle of reciprocity in international relations.
This Brazilian tradition is established and, as far as I am concerned, and I believe the entire court, it will continue regardless of the violation of a fundamental principle of international relations, which is the principle of reciprocity.
Originally published by Folha de S.Paulo in Portuguese. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.